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ECARDS4ME TERMS OF SERVICE

NOTICES

This is to notify you that by sending an E-card you thereby agreeing to both these NOTICE terms and the the more exstensive terms listed in the EXTENDED TERMS OF SERVICE below. You also agree to our Privacy Policy. Ecards4me is operated and owned by Offerx Ltd and in using this site you agree to the both the terms and conditions and Privacy policy of Offerx Ltd. Links to the privacy policy, terms and conditions, contact us, unsubscribe are provided on every page of the Offerx website and the ecards4me website.www.offerx.co.uk and www.ecards4me.co.uk

1. Ecards4me User will not use the service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

2. Ecards4me User will not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

3. Ecards4me User agrees not to use the service for illegal purposes.

4. Ecards4me User recognizes and accepts that Ecards4me is not intended to be an Anonymous Email Service. Every Ecard sent includes the IP (Internet Protocol) address from which the login session originated. With this header information, the source of a message can be narrowed dramatically (often directly to your computer). This is done for the protection of Ecards4me recipients.

To report a violation of the Ecards4me Rules and Regulations, Please contact us through the contact us page.

Ecards4me may monitor or review your conduct on any of the services offered by Ecards4me (referred to collectively as the "Service").

In using the Service you agree not to:

• Use it for illegal purposes;

• Use the Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);

• Collect or disseminate information about other users, including e-mail addresses, without their consent, or otherwise invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights);

• Use the Service in a manner, or transmit material through it, that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

• Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; or

• Engage in any other conduct which, in Ecards4me's sole discretion, is considered inappropriate, unauthorized or objectionable.

You understand and agree that you may be exposed to content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Ecards4me be liable in any way for any content posted by any user or third party. Ecards4me does not control the content posted by users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content.

We may remove any content that you transmit to us, or terminate your account or subscription, if we are requested to do so by a copyright holder, or if your use of our software, the service, or that content violates this terms of use or is otherwise, deemed to be, in our reasonable discretion, inconsistent with the legitimate purposes and uses of the service.

YOU REPRESENT, WARRANT AND AGREE THAT YOU WILL NOT TRANSMIT ANY MUSIC, MOVIES, IMAGES OR OTHER CONTENT OVER OUR SERVICE UNLESS YOU HAVE THE NECESSARY RIGHTS, INCLUDING ANY COPYRIGHT RIGHTS, TO DO SO.

Spam

You may not use this Site to send online greeting cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. ECARDS4ME reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using the Site and/or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Links and Advertisements

There may be circumstances where access to this Site is provided by a link located at another Web site. Neither ECARDS4ME nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither ECARDS4ME nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither ECARDS4ME nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

User may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the Advertiser. Ecards4me assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

Creating Your Own Greetings and Photos and/or Images

ECARDS4ME may allow you to create your own greetings by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.

When you upload material to the Site and use it to create a greeting, your material will be used for the transmission of your digital greeting; however, we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

Contests

From time to time, ECARDS4ME may sponsor contests and sweepstakes on its Web Sites. Participation in such contests is entirely voluntary. ECARDS4ME does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of ECARDS4ME and you hereby consent to receive special promotions and offers from ECARDS4ME and its advertisers, consistent with our Privacy policy. In the event that you are awarded any prizes or other consideration, you give ECARDS4ME permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote ECARDS4ME, its products and services, and no additional consideration shall be paid for such rights.

Intellectual Property Rights

(a) All intellectual property rights, including copyright and trade marks, in any works provided through the Services or otherwise specifically at the request and expense of you shall belong exclusively to us and we grant to you a non-exclusive, royalty-free, non-transferable licence to use such works solely for the purposes described on our website at the time you place your order.

(b) Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of any works provided through the Services, in whole or in part.

Limitation of Liability

(a) You acknowledge that we do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through the use of the Services and such communications shall not be considered reviewed, screened, or approved by us.

(b) We do not warrant the content, accuracy or veracity of any posting made when using the Services. You acknowledge that the individual person posting the communication is responsible for the posting.

(c) Otherwise, so far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Services.

(a) We reserve the right to deny, at our sole discretion, your access to the Services without reason or notice.

(b) We also reserve the right to suspend your use of the Services where you break these terms or the law.

(c) We reserve the right to refer any matter to a law enforcement agency or court of competent jurisdiction, where, in our reasonable opinion, we consider a matter is of a criminal or illegal nature.

User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by the Service "Content" by Ecards4me or Ecards4me's Advertisers, or Ecards4me affiliated Artists, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service, Artist or the Advertiser. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service, Artist or the Advertiser.

Ecards4me SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF User'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Ecards4me HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

User agrees to indemnify and hold Ecards4me, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this ETS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.

Ecards4me MESSAGE STORAGE

Ecards4me assumes no responsibility for the deletion or failure to store ecards4me messages.

12. Changes to Terms and Conditions

Ecards4me reserves the right to alter these terms and conditions any changes made to our terms and conditions will be posted in the terms and conditions.

Contact information

If you have questions regarding this Terms and conditions, please contact Offerx by following this link:

Contact Offerx

or by post:

Marketing Punch Ltd (REF# Privacy Statement)

Kestrel Court

Waterwells Drive

Gloucester

GL2 2AT

Marketing Punch Website

Further Information

If you have any questions regarding the privacy policy of Offerx Ltd or require any further information please use the Contact Us page.